Tribunal Fees - Presidential Case Management Order

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The Presidents of the Employment Tribunals in England and Scotland have issued a Case Management Order arising from the Supreme Court's decision in the Unison case. (Note: I have not seen a copy of the Scotland version, although I understand it has also been issued today).

It has the effect of staying "all claims or applications" brought "in reliance upon the decision of the Supreme Court in [Unison]", to await decision from the Ministry of Justice and HMCTS in relation to the implications of that decision.

Although seemingly widely phrased (in theory, it could apply to any new claim brought by somebody who might have not have brought a claim under the fees regime, but is now willing to do so), the preamble refers to rules 11 and 40 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Rules 11 and 40 contain the procedure for rejecting or dismissing claims that do not have the proper fee paid (or remission granted).

So the Case Management Order appears to be aimed at staying applications by people who want to reinstate claims that were dismissed or struck out for non-payment of fees, until the Ministry of Justice and HMCTS have decided how to handle them.